Buying a property to operate as tourist accommodation requires a specific legal due diligence. An existing licence, an active platform listing or a tourist activity that has operated for years does not by itself guarantee that the use can continue after the purchase.
1. Licence and administrative status
Check what legal title actually authorises the activity: licence, authorisation, responsible declaration or another regional regime. Verify whether it remains valid, is attached to the specific property and whether there are planning or sanctioning proceedings or operating conditions.
2. Statutes and condominium law
The review should include the constitutive title, registered statutes and relevant owners’ resolutions. Clauses reserving the property for residential use or prohibiting certain activities can have significant consequences. The Supreme Court has recognised the effect of certain statutory restrictions on tourist use.
3. The condominium regime since 2025
From 3 April 2025, article 7.3 of the Horizontal Property Act requires, in the statutory cases, express owners’ approval to start a tourist activity. Article 17.12 regulates the three-fifths majority and the conditions for these resolutions. Registry decisions published in 2026 show that the start date of the activity and transitional rules can be decisive.
4. Planning, tourism and registration
Three separate checks should be made: planning compatibility, tourism authorisation and registration status. The fact that a property appears on a platform does not prove any of these points by itself.
5. Documents to request before signing
- Title deed and an up-to-date Land Registry extract.
- Condominium statutes and constitutive title.
- Relevant owners’ meeting minutes.
- Tourism licence, authorisation or responsible declaration.
- Evidence of tourism registration where applicable.
- Information on planning or sanctioning proceedings.
- Documentation concerning the short-term rental registration where applicable.
Conclusion
The purpose of the pre-purchase review is not simply to establish whether “there is a licence”, but whether tourist use is legally viable and sustainable for the specific property. The answer may depend on regional rules, condominium statutes, owners’ resolutions and the date on which the activity began.